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Question on SOT / FFL expiring while I am waiting on stamp. Login/Join 
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Picture of dusty3030
posted
I've got cans that I am waiting on stamp to come back.
The SOT that has them is going through renewal and I am not 100% sure it is going to work out.

So, my question. If he doesn't renew, and he has my cans, what do I do? When the stamps do come can I still get the cans since the process started when the FFL was valid? I fear they have to be transferred to another and I have to start from scratch.


Straight shootin!
dusty
 
Posts: 3043 | Location: Memphis, mf'n, TN | Registered: August 13, 2005Reply With QuoteReport This Post
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I'd call the ATF and ask them. There has to be a process in place to handle this situation. It must come up all the time. Your FFL can't legally possess an NFA item they don't have a license for.


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Posts: 26 | Registered: May 26, 2015Reply With QuoteReport This Post
Stupid
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Picture of dry-fly
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FFL/SOT here. How long ago did he file the paperwork? Do you have the serial numbers? I'd call the ATF and ask the status of your items. Can't be the first time this has happened, and besides...it's his problem, not yours really. Once he filed the form 4 and ATF approves, they are not his cans anymore. They belong to you.


"Attack life, it's going to kill you anyway." Steve McQueen...
 
Posts: 4371 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
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Picture of dusty3030
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quote:
Originally posted by dry-fly:
FFL/SOT here. How long ago did he file the paperwork? Do you have the serial numbers? I'd call the ATF and ask the status of your items. Can't be the first time this has happened, and besides...it's his problem, not yours really. Once he filed the form 4 and ATF approves, they are not his cans anymore. They belong to you.


Paperwork was submitted in mid April. I did a trust and my wife and I did all the photo/fingerprint cards etc. Supposedly the cans are there at his shop, but I haven't seen them. I don't have any other information. His license just expired end of August. He is saying his new SOT came in and he is good there and supposedly his FFL is coming in.
I've been giving the guy some grace. He was really good in the past, but his wife is in bad shape with cancer (she is in her late 30's, really young) that all came up after we submitted our paperwork. I am pretty sure that is what has him in a mess.


Straight shootin!
dusty
 
Posts: 3043 | Location: Memphis, mf'n, TN | Registered: August 13, 2005Reply With QuoteReport This Post
Dean of Law
Picture of heavyd
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He won't be able to transfer to you or to another dealer without a current FFL and SOT. I have never heard of the ATF making an exception, but you never know. He has reporting requirements now that his FFL lapsed. Technically, the ATF is supposed to take possession of his inventory. They usually give the FFL a couple months to get things current.

If he doesn't quick enough, they will take possession of his inventory and you'll probably never see your can. I would stay on him and call the ATF. They may put a fire under him.


H. Dean Phillips
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Posts: 6391 | Location: Georgia | Registered: December 02, 2005Reply With QuoteReport This Post
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If he is a sole proprietor, the store inventory should revert to him. Worst case, you do a Personal Form 4 from him to yourself. At least this was how it was last time I ran into a similar situation. I have also heard of 'personal' form 4's being rushed through NFA to get them off the store inventory and into the owners hands if the forms were submitted with appropriate lead time however, this was before the rule changes that sent pickup loads of Form 4's to ATF NFA branch about a year ago.
 
Posts: 42 | Location: East Texas, USA | Registered: February 17, 2007Reply With QuoteReport This Post
BBQ Sauce for Everyone!
Picture of TKO
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I actually went thru this with my first can purchase. When I called the ATF they advised me that the dealer had to maintain his license long enough to deliver any sold inventory.

As it turned out... he ended up arrested and his inventory seized. I ended up getting it from my local ATF office.




"The difference between stupidity and genius is that genius has its limits." Albert Einstein
 
Posts: 7920 | Location: Phoenix AZ | Registered: May 22, 2007Reply With QuoteReport This Post
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Picture of dusty3030
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Amen - he got his stuff straight. I think I dodged a bullet.


Straight shootin!
dusty
 
Posts: 3043 | Location: Memphis, mf'n, TN | Registered: August 13, 2005Reply With QuoteReport This Post
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Applicants worst nightmare. Glad it all worked out.
 
Posts: 65 | Location: Oklahoma | Registered: December 11, 2015Reply With QuoteReport This Post
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